Cyber Laws : National and International Perspective.

This presentation titled 'Cyber Laws : National and International Perspective' would be a useful addition to any seminar or workshop on cyber laws.

1. CYBER LAWS : NATIONAL AND INTERNATIONAL PERSPECTIVE

2. 2 nd Cyber Security Conference 26-28 April 2023, o rganized by Global Counter Terrorism Council

3. Presentation by Maj Gen Nilendra Kumar Director, Lex Consilium Foundation

4. CYBERSPACE It is an  electronic medium used to facilitate online communication. It is an interactive and vital environment. It has a broad range of  participants.   Cyberspace typically  involves a large computer network.

5. CYBERSPACE Uses to share I nformation, Interact, Swap ideas, Play games, Engage in discussion or social forums, Conduct business, and create intuitive media.  

6. CYBER LAWS   The term used to describe the legal issues related to use of communications, particularly ‘cyberspace’.  i.e. the internet  

7. Cyber law is an attempt to integrate the challenges presented by human activity on the internet  

8. Cyber law offers legal protection for people who are using the internet as well as running an online business. 

9. CYBER LAW OBJECT   To prevent online organizations and people on the network from unauthorized access and malicious people.

10. IMPORTANCE OF CYBER LAW   It touches almost all aspects of transactions and activities on and concerning the internet.

11. SPECIAL FEATURES  1. Created by use of internet 2. Capable of use for diverse purposes  3. It exists only in digital realm and not in physical world.  

12. 4. Users  or participants may be at remote locations. 5. May be used for social interactions as well as professional purposes. 6. It is always evolving.

13. DISORDERLY CYBER SPACE Main problem is the risk to privacy of social media users.

14. WHY DISORDERLY 1. Trans national crime scene 2. Poorly defined crimes 3. Difficulties of jurisdiction 4. Shortage of  prosecutors   5. Paucity of investigators 6. Absence of ocular evidence  7. In adequate case law

15. CYBER ETHICS Main issues 1. Privacy 2. Accuracy 3. Property 4. Accessibility

16. CYBER CRIME   Any unlawful act wherein the computer is either a  (a) Tool, (b) Target , (c) Or both

17. TOP CYBER CRIMES IN INDIA 1.Cyber stalking 2.Phishing 3.Idently theft 4.Defamation 5.Online gambling 6.Email spoofing

18. MAJOR INCIDENTS OF CYBER CRIME

19. BANK NSP CASE The Bank was held liable for email sent using the bank’s system.

20. 2010 ATTACK ON PMO Hackers form China were reported to have attempted to target NSA, Cabinet Secy , PM’s special  envoy and D y NSA  around Jan 2010 .

21. BANKING INDUSTRY  Oct 2016 saw Indian Banks data breach, Around 3.2 million debit cards were compromised. The breach was apparently caused by malware injected in to the payment gateway net work. SBI data breach of Jan 2019 was also a major cyber attack .

22. SUPREME COURT WEBSITE It was suspected to be hacked minutes after the Judge Loya case verdict during Apr 2018.

23. POLICE EXAM DATABASE LEAK An exam for the recruitment of police officers in Dec 2019 was hacked.  It resulted in a leak of information of all 50,000 participants .

24. BIG BASKET Big Basket had been put in sale in an online cyber crime market in Oct 2020.

25. AIRLINE In May 2021, data from Air India  was breached and over 4.5 million passengers’ personal data was compromised. 

26. CAT DATA BREACH  The test results and personally identifiable information of 1,90,000 applicants to CAT conducted for IIM was hacked and put for sale in May 2021 .

27. MEDICAL FIELD The servers of All India Institute of Medical Sciences were targeted in a ransom-  ware attack in 2022.  The attack reportedly originated form China.

28. PUBLIC DISTRIBUTION SYSTEM   The personal data of 31 million PDS beneficiaries in Tamil Nadu including their Aadhaar details were put up for sale on a hacker’s platform during Jul 2021.

29. RAILWAYS DOMAIN Data of around three crore travelers registered with the Indian Railway had been hacked and reportedly put on sale on the Dark Web in Dec 2022 .

30. CYBER LAW  DIFFICULTIES AND PROBLEM AREAS 

31. LANDMARK DECISIONS

32. Shreya Singhal’s case AIR 2015 SC 1523 The matter involved validity of Sec 66-A of the IT Act. It related to the freedom of speech and expression.

33. Shamsher Singh Verma v Haryana, 2015 SCC Online 1242 The court held that a CD is a document.

34. Christian Loubotin SAS v Nakul Bajaj, (2018) 253 DLT 728 Where a website has complete control over the products supplied through its platform, it would be insulated from rights granted to intermediaries.

35. Syed Asifuddin v Andhra Pradesh; 2005 Cri LJ 4314 A telephone handset is a computer under Sec 2 (1)( i ) Alteration of ESN is an offence under Sec 65.

36. NASCOM v Ajay Sood . 119 (2005) DLT 596 A matter of circulation of fraudulent emails. The judge lamented on India having no legislation on phishing . It took note that the US has proposed two acts.

37. Avnish Bajaj v state ( Bazee.Com case ), (2008) 150 DLT 769 Matter involved deemed criminal liability.

38. Significance While the case against the accused for the offences as under Sec 292 and 294 of IPC is quashed, the prosecution under Secs 67 read with 85 of IT Act will continue. The above finding was over ruled by the Supreme C ourt .

39. IT Act was revised to introduce an amendment to Sec 79 (1) (2) of the IT Act. This section, subject to certain conditions, provides immunity and safe harbour to intermediaries for content made available on its platform by third parties.

40. SONY SAMBANDH.COM CASE CBI v Arif Azim The first cyber crime conviction. IPC can be effectively applied to certain types of cyber crimes not covered under the IT Act

41. SMC PNEUMATICS v JOGESH KWATRA First use of cyber defamation, a court assumed jurisdiction where a corporate’s reputation was being defamed through e mails. T he court allowed an important ex-part injunction. 

42. A few significant decisions of foreign courts

43. Belfast C orp v OD Commission, 1960 AC 490 Validity of a measure is not to be determined by its application to a particular case

44. Zippo Manufacturing Zippo Dot Com, 925 F Supp 1119-1123 Propounded sliding scale of interactivity.

45. MoMaya San Francisco 1998 US Dist Leeds 13154, dealt with subjection of a party in one state to jurisdiction in another.

46. Jewish Defense Organisation , Inc ; (1999) 72 Cal App 4 th 1045 (JDO) Related to a New York resident who posted allegedly several libelous statements on website through i nternet providers.

47. VAN BUREN v UNITED STATES , (3 JUN 2021 ) Computer Fraud and Abuse Act of 1986. US Supreme Court limited a tool that civil liberties advocate say federal prosecutors have abused by seeking prison time for minor computer misdeeds.  

48. COMMON CHALLENGES   1. Loss of data 2. Lose of location  3. National legal framework  4. International cooperation 5. Public private partnership. 

49. Keep abreast with the on going legislative and judicial trends in other jurisdictions. This would help in development of new jurisprudence

50. Conclusion An intensive and consistent study of the relevant rules together with follow up of case law would be necessary for ensuring cyber security.